Monthly Archives: September 2020

IPR claim construction and obviousness findings affirmed (insufficient evidence of nexus between claims and license agreements)

Posted on September 21, 2020 by Patrick J. Halloran, Ph.D., J.D.

Siemens Mobility, Inc. v. USPTO Docket No. 2019-1732, -1752 (IPR2017-01669, -02044 LOURIE, MOORE, O’MALLEY September 8, 2020 Non-precedential Brief Summary: Board IPR claim construction and obviousness conclusions affirmed (e.g., insufficient evidence nexus between claims and secondary considerations (license agreements)). Summary: … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness, Obviousness (Secondary Considerations) | Leave a comment

DC claim construction affirmed; refusal to correct inventorship vacated/remanded (“AIA did not narrow the meaning of ‘error’”)

Posted on September 14, 2020 by Patrick J. Halloran, Ph.D., J.D.

Egenera, Inc. v. Cisco Systems, Inc. Docket No. 2019-2015, -2387 PROST, REYNA, STOLL August 28, 2020 Brief Summary: DC claim construction affirmed; refusal to allow Egenera to correct inventorship vacated/remanded (“AIA did not narrow the meaning of ‘error’”). Summary: Egenera … Continue reading →

Posted in America Invents Act, Claim Construction, Inventorship | Leave a comment

DC erroneously constructed “antibody” and “antibody fragment”, FC panel finds

Posted on September 9, 2020 by Patrick J. Halloran, Ph.D., J.D.

Baxalta, Inc. et al. v. Genentech, Inc. et al. Docket No. 2019-1527MOORE, PLAGER, WALLACH August 27, 2020 Brief Summary:  DC non-infringement finding vacated and remanded due to erroneous construction of “antibody” and “antibody fragment”. Summary:    Baxalta appealed DC judgment based … Continue reading →

Posted in Claim Construction, Claim Differentiation, Uncategorized | Leave a comment

DC grant of SJ affirmed due to “an unenforceable agreement to agree”

Posted on September 7, 2020 by Patrick J. Halloran, Ph.D., J.D.

Phytelligence, Inc. v. Washington State UniversityDocket No. 2019-2216PROST, REYNA, STOLLAugust 27, 2020 Brief Summary: DC grant of SJ to WSU affirmed since option agreement was “an unenforceable agreement to agree”, not an “agreement with open terms” that could be deciphered … Continue reading →

Posted in Licensing, Uncategorized | Leave a comment

IPR decision finding Anacor’s KERYDIN® patents invalid for obviousness affirmed

Posted on September 1, 2020 by Patrick J. Halloran, Ph.D., J.D.

Anacor Pharmaceuticals, Inc. v. Flatwing Pharmaceuticals, LLC Docket No. 2019-2264-2267 (IPR2018-00168-00171, -01358-01361) PROST, NEWMAN (D), HUGHES August 27, 2020 (Non-precedential) Brief Summary: IPR decisions finding Anacor’s tavaborole (5%) (KERYDIN®) patents invalid for obviousness affirmed (e.g., “concentration is a result-effective variable”). … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness, Obviousness-Teaching Away | Leave a comment